"Do you think the gun has a problem knowing that it is supposed to be FAC?"
Anything over 12ftlbs is considered FAC which really means little here in the US because we do not have power restrictions (yet). You gun is just not shooting as advertised and you have a valid gripe but they have a loop hole as they do not sell guns with specific velocity claims (ie this gun will shoot this velocity) that's why buying from an actively participating dealer pays big dividends over a box transfr expert. It's also why I prefer to buy used guns from reputable people. Although asking a dealer like Marty for example to test the gun so it meets your expectations is in my mind not unreasonable.
Billxxxv
"It ain't what you shoot, it's that you shoot thats important!"
http://airgunners.741.com/